BILL NUMBER: SB 700	CHAPTERED  09/27/99

	CHAPTER   520
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE SENATE   SEPTEMBER 2, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 1, 1999
	AMENDED IN ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JUNE 28, 1999
	AMENDED IN SENATE   APRIL 14, 1999

INTRODUCED BY   Senators O'Connell, Alarcon, Chesbro, Dunn,
McPherson, Morrow, Ortiz, and Solis
   (Coauthors:  Assembly Members Alquist, Honda, Keeley, Lempert,
Machado, Soto, Washington, and Wiggins)

                        FEBRUARY 24, 1999

   An act to amend Sections 18075.5, 18400.1, 18420, 18424, and 18502
of, and to add Sections 18400.2, 18400.3, and 18400.4 to, the Health
and Safety Code, relating to mobilehome parks, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 700, O'Connell.  Mobilehome parks:  inspections.
   (1) Existing law provides that manufactured homes, mobilehomes,
commercial coaches, and floating homes sold or used within the state
are subject to annual registration and the payment of fees to the
Department of Housing and Community Development unless they are
installed on a foundation system as either a fixture or an
improvement to real property.
   This bill would make technical, nonsubstantive changes to these
provisions.
   (2) The Mobilehome Parks Act requires certain local enforcement
agencies to enter and inspect all mobilehome parks once every 8
years, as specified, and to submit a report to the Department of
Housing and Community Development on the status of the mobilehome
park inspection program prior to March 1, 1999.  The department is
required to submit a similar report on the inspection program to the
Senate Committee on Local Government, the Senate Select Committee on
Mobile and Manufactured Homes, and the Assembly Committee on Housing
and Community Development by May 1, 1999.  Existing law provides that
these provisions shall remain in effect only until January 1, 2000.

   This bill instead would require the local enforcement agencies to
enter and inspect all mobilehome parks once every 7 years, and to
submit status reports to the department by specified dates, thereby
imposing a state-mandated local program.  The bill would prescribe
additional inspection criteria and procedures for serious health and
safety violations.  The bill would require the department to submit
specified reports to legislative committees.
   The bill would extend the period during which these provisions are
effective to January 1, 2007.
   (3) The act sets specified fees relating to annual operating
permits with regard to incidental camping areas of mobilehome parks.
These fees are paid to the department and deposited in the
Mobilehome Parks Revolving Fund, which is a continuously appropriated
fund.  A provision of the act, operative until January 1, 2000, sets
an annual fee of $4 per lot and requires the revenues derived from
this fee to be used exclusively for the inspection of mobilehome
parks and mobilehomes to determine compliance with the act.
   This bill would extend the operation of the provision requiring
payment of the annual fee of $4 per lot until January 1, 2007.
Because the bill would, by extending the period during which payment
of this fee would be required, cause additional fees to be paid into
the continuously appropriated Mobilehome Parks Revolving Fund, the
bill would make an appropriation.
   (4) The bill would require the Department of Housing and Community
Development to convene a task force on the mobilehome park
inspection program prior to January 1, 2000.  However, the provisions
of the bill, other than those governing the task force, would not
become operative until January 1, 2000.
  (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
  (6) The bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 18075.5 of the Health and Safety Code is
amended to read:
   18075.5.  Manufactured homes, mobilehomes, commercial coaches, and
floating homes sold or used within this state shall be subject to
annual registration with the department and payment of registration
fees prescribed by Section 18114 except as follows:
   (a) Manufactured homes, mobilehomes, and floating homes subject to
local property taxation pursuant to Part 13 (commencing with Section
5800) of Division 1 of the Revenue and Taxation Code, and not
installed on foundation systems pursuant to subdivision (a) of
Section 18551, shall be subject to registration and payment of fees
and penalties prescribed by Section 18114 at the time of original
registration with the department, and upon subsequent sale, resale,
or transfer of title.  For purposes of this section, a transfer of
title includes, but is not limited to, any change, addition, or
deletion of one or more registered owners, legal owners, or junior
lienholders.
   (b) Manufactured homes, mobilehomes, and commercial coaches
installed or to be installed on foundation systems pursuant to
subdivision (a) of Section 18551 shall be exempt from registration so
long as they remain affixed to the foundation system.  In the event
that the manufactured home, mobilehome, or commercial coach, is
removed from a foundation system for any purpose other than
dismantling or reinstallation on a foundation system, it shall be
immediately subject to registration with the department.
   (c) Except as otherwise provided in subdivisions (d) and (e),
registration of a manufactured home, mobilehome, or commercial coach
previously registered in another state is due 20 days after the date
of entry into California and is delinquent if application is not made
and any fees due are not paid within 40 days after that date of
entry.
   (d) Any member of the armed forces, whether a resident or
nonresident, shall also be entitled to exemption from registration
with respect to a manufactured home or mobilehome owned by the person
upon which there is displayed a valid registration issued for the
manufactured home or mobilehome by the owner's home state of
residence or by a foreign jurisdiction where the owner was regularly
assigned and stationed for duty by competent military orders at the
time the registration was issued.  Competent military orders shall
not include military orders for leave, for temporary duty, nor for
any other assignment of any nature requiring the owner's presence
outside the foreign jurisdiction where the owner was regularly
assigned and stationed for duty.
   (e) Any person who enters California for the purpose of
establishing or reestablishing residence or accepting gainful
employment following his or her discharge from the armed forces of
this country may occupy a manufactured home or mobilehome owned by
that person at the time of his or her discharge and registered to him
or her in a foreign jurisdiction where his or her military orders
required his or her presence without registering the manufactured
home or mobilehome in this state until the expiration of the
registration period current at the time of his or her discharge and
entrance into California.
   (f) Any new and previously unregistered, unoccupied manufactured
home, mobilehome, or commercial coach which is part of an inventory
held for sale by a manufacturer or dealer in the course of business.

   The department may adopt regulations for exempting additional
classes of manufactured homes, mobilehomes, and commercial coaches
from registration under a temporary or one-trip permit system which
permits the lawful transportation and use of manufactured homes,
mobilehomes, and commercial coaches not otherwise subject to
registration.
   (g) Floating homes, which are subject to local property taxation,
as prescribed by Section 229 of the Revenue and Taxation Code, shall
be subject to registration at the time of sale and upon any
subsequent sale, resale, or transfer of title.  Floating homes are
subject to the fees prescribed by subdivision (c) of Section 18114
upon registration or reregistration.
  SEC. 2.  Section 18400.1 of the Health and Safety Code is amended
to read:
   18400.1.  (a) In accordance with subdivision (b), the enforcement
agency shall enter and inspect mobilehome parks, as required under
this part, at least once every seven years, to ensure enforcement of
this part and the regulations adopted pursuant to this part.  The
enforcement agency's inspection shall include an inspection of the
exterior portions of individual manufactured homes and mobilehomes in
each park inspected.  Any notices of violation of this part shall be
issued pursuant to Chapter 3.5 (commencing with Section 18420).
   (b) In developing its mobilehome park maintenance inspection
program, the enforcement agency shall inspect the mobilehome parks
that the enforcement agency determines either:
   (1) Had the most serious, or a substantial number of serious,
health and safety violations as a result of inspections of the parks
made pursuant to the mobilehome park maintenance inspection program
during the 1991 through 1999 phase of the program.
   (2) Have complaints that have been made to the enforcement agency
regarding serious health and safety violations in the park.  A single
complaint of a serious health and safety violation shall not
automatically trigger an inspection of the entire park unless upon
investigation of that single complaint the enforcement agency
determines that there is a violation and that an inspection of the
entire park is necessary.
   (c) Nothing in this part shall be construed to allow the
enforcement agency to issue a notice for a violation of existing laws
or regulations that were not violations of the laws or regulations
at the time the mobilehome park received its original permit to
operate, or the standards governing any subsequent permit to
construct, or at the time the manufactured home or mobilehome
received its original installation permit, unless the enforcement
agency determines that a condition of the park, manufactured home, or
mobilehome endangers the life, limb, health, or safety of the public
or occupants thereof.
   (d) Not less than 30 days prior to the inspection of a mobilehome
park under this section, the enforcement agency shall provide
individual written notice of the inspection to the registered owners
of the manufactured homes or mobilehomes, with a copy of the notice
to the occupants thereof, if different than the registered owners,
and to the owner or operator of the mobilehome park and the
responsible person, as defined in Section 18603.
   (e) At the sole discretion of the enforcement agency's inspector,
a representative of either the park operator or the mobilehome owners
may accompany the inspector during the inspection if that request is
made to the enforcement agency or the inspector requests a
representative to accompany him or her.  If either party requests
permission to accompany the inspector or is requested by the
inspector to accompany him or her, the other party shall also be
given the opportunity, with reasonable notice, to accompany the
inspector.  Only one representative of the park owner and one
representative of the mobilehome owners in the park may accompany the
inspector at any one time during the inspection.  If more than one
representative of the mobilehome owners in the park requests
permission to accompany the inspector, the enforcement agency may
adopt procedures for choosing that representative.
   (f) The enforcement agency shall coordinate a preinspection
orientation for mobilehome owners and mobilehome park operators with
the use of an audio-visual presentation furnished by the department
to affected local enforcement agencies.  Enforcement agencies shall
furnish the audio-visual presentation to park operators and
mobilehome owner representatives in each park subject to inspection
not less than 30 days prior to the inspection.  Additionally, it is
the Legislature's intent that the department shall, where
practicable, conduct live presentations, forums, and outreach
programs throughout the state to orient mobilehome owners and park
operators on the mobilehome park maintenance inspection program and
their rights and obligations under the program.
   (g) Any local enforcement agency that relinquishes enforcement
authority to the department shall remit to the department fees
collected pursuant to paragraph (2) of subdivision (c) of Section
18502 that have not been expended for purposes of that paragraph.
   (h) Each local enforcement agency that has assumed enforcement
authority and has collected fees pursuant to paragraph (2) of
subdivision (c) of Section 18502, shall provide the department, prior
to September 1, 2002, and prior to September 1, 2005, with status
reports on its specific inspection program to enable the department
to complete the reports to the Legislature required in subdivision
(i).  Each report shall include information on the number of parks
and spaces in its jurisdiction, the number of parks and spaces that
have been inspected, the number and types of notices of violations
issued against the parks, the number and types of notices of
violations issued against the mobilehome owners, the number of
notices of violation appealed, and the amount of fees collected and
expended for the purpose of the inspection program for the period
that the report covers.
   (i) Notwithstanding Section 7550.5 of the Government Code, the
department, prior to January 1, 2003, and prior to January 1, 2006,
shall submit reports to the Senate Committee on Housing and Community
Development, the Senate Select Committee on Mobile and Manufactured
Homes, the Assembly Committee on Housing and Community Development,
and the Assembly Select Committee on Mobilehomes on the status of the
mobilehome park inspection program during the January 1, 2000, to
December 31, 2002, and January 1, 2003, to December 31, 2005,
periods, respectively.  The respective reports shall include
information on the total number of parks and spaces in the state, the
number of parks and spaces that have been inspected, the number of
notices of violations issued against the parks, the number of notices
of violations issued against the mobilehome owners, the number of
notices of violations appealed, and the amount of fees collected and
expended for the purpose of the inspection program.  The reports
shall separate the information according to parks inspected by local
enforcement agencies, parks inspected by the department, and total
program activity.  The January 1, 2006, report shall include any
recommendations for changes to make the inspection program operate
more effectively in the event that the program is extended beyond
January 1, 2007.
   (j) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2007, deletes or extends
that date.
  SEC. 3.  Section 18400.2 is added to the Health and Safety Code, to
read:
   18400.2.  Enforcement agencies responsible for the enforcement of
this part and the regulations adopted pursuant to this part shall
maintain all records on file of mobilehome park inspections conducted
since January 1, 1991.
  SEC. 4.  Section 18400.3 is added to the Health and Safety Code, to
read:
   18400.3.  (a) The department shall convene a task force of
representatives of mobilehome owners, mobilehome park operators,
local enforcement agencies that conduct mobilehome park inspections,
and the Legislature, at least once a year, to provide input to the
department on the conduct and operation of the mobilehome park
maintenance inspection program.  Prior to January 1, 2000, the
department shall convene the task force to provide input to the
department on the categorization of violations pursuant to
subdivision (c).
   (b) The Senate Committee on Rules and the Assembly Committee on
Rules shall each designate a member of its respective house to be a
member of the task force.  Each legislative member of the task force
may designate an alternate to represent him or her at task force
meetings.
   (c) With the input of the task force, the department shall, by
January 1, 2000, reorganize violations under this part and the
regulations adopted pursuant to this part into the following two
categories:
   (1) Those constituting imminent hazards representing an immediate
risk to life, health, and safety and requiring immediate correction.

   (2) Those constituting unreasonable risk to life, health, or
safety and requiring correction within 90 days.
   (d) Any matter that would have constituted a violation prior to
January 1, 2000, that is not categorized in accordance with
subdivision (c) on or after January 1, 2000, shall be of a minor or
technical nature and shall not be subject to citation or notation on
the record of an inspection conducted on or after January 1, 2000.
  SEC. 5.  Section 18400.4 is added to the Health and Safety Code, to
read:
   18400.4.  For purposes of this chapter, "mobilehome owner" or
"mobilehome owners" means the occupant of the manufactured home or
mobilehome, or the registered owner of the manufactured home or
mobilehome, if different from the occupant.
  SEC. 6.  Section 18420 of the Health and Safety Code is amended to
read:
   18420.  (a) (1) If, upon inspection, the enforcement agency
determines that a mobilehome park is in violation of any provision of
this part, or any rule or regulation adopted pursuant thereto, the
enforcement agency shall promptly, but not later than 10 days,
excluding Saturday, Sunday, and holidays, after the enforcement
agency completes the inspection and determines that the alleged
violation exists, issue a notice to correct the violation to the
owner or operator of the mobilehome park and to the responsible
person, as defined in Section 18603.
   (2) In the event of a violation that constitutes an imminent
threat to health and safety, the notice of violation shall be issued
immediately and served on the owner or operator of the mobilehome
park and to the responsible person, as defined in Section 18603.
   (3) The owner or operator of the mobilehome park shall be
responsible for the correction of any violations for which a notice
of violation has been given pursuant to this subdivision.
   (b) (1) If, upon inspection, the enforcement agency determines
that a manufactured home, mobilehome, an accessory building or
structure, or lot is in violation of any provision of Chapter 4
(commencing with Section 18500), Chapter 5 (commencing with Section
18601), Chapter 6 (commencing with Section 18690), or any rule or
regulation adopted pursuant thereto, the enforcement agency shall
promptly, but not later than 10 days, excluding Saturday, Sunday, and
holidays, after the enforcement agency completes the inspection and
determines that the alleged violation exists, issue a notice to
correct the violation to the registered owner of the manufactured
home or mobilehome, with a copy to the occupant thereof, if different
from the registered owner.
   (2) In the event a violation is discovered that constitutes an
imminent hazard representing an immediate risk to life, health, and
safety and requiring immediate correction, the notice of violation
shall be issued immediately and served upon the occupant, with a copy
mailed to the registered owner of the manufactured home or
mobilehome, if different from the occupant, to the owner or operator
of the mobilehome park, and to the responsible person, as defined in
Section 18603.
   (3) The registered owner of the manufactured home or mobilehome
shall be responsible for the correction of any violations for which a
notice of violation has been given pursuant to this subdivision.
   (4) The enforcement agency may issue a notice of violation in
accordance with this chapter to the owner of a recreational vehicle,
or of factory-built housing, which occupies a lot within a mobilehome
park.
   (c) (1) Service of the notice of violation shall be effected
either personally or by first-class mail.  Each notice of violation
shall be in writing and shall describe with particularity the nature
of the violation in as clear language as the technicality of the
violation will allow the average layperson to understand what is
being cited, including a reference to the statutory provisions or
regulation alleged to have been violated, as well as any penalty
provided by law for failure to make timely correction.
   (2) The department shall develop a list of local agencies that
have home rehabilitation or repair programs for which registered
owners or occupants of manufactured homes and mobilehomes residing in
mobilehome parks may be eligible.  The list shall be provided to
registered owners or occupants who receive notices of violation and
who reside in those jurisdictions that have rehabilitation or repair
programs for which they may be eligible.
   (3) For violations other than imminent threats to health and
safety as provided in paragraph (2) of subdivision (a) and paragraph
(2) of subdivision (b), the notice of violation shall allow 90 days
from the postmarked date of the notice or date of personal delivery
for the elimination of the condition constituting the alleged
violation.
   (4) If after the reinspection of a violation described in
paragraph (3) of this subdivision, the enforcement agency determines
that there is a valid reason why a violation has not been corrected,
including, but not limited to, weather conditions, illness,
availability of repair persons, or availability of financial
resources, the enforcement agency may extend the time for correction,
at its discretion, for a reasonable period of time after the 90-day
period.
   (5) Upon a reinspection after the 90-day period of a violation
described in paragraph (3) of this subdivision, if a second notice to
correct a violation that is the responsibility of the registered
owner of the manufactured home or mobilehome pursuant to paragraph
(1) of subdivision (b) is issued to the registered owner of a
manufactured home or mobilehome, with a copy to the occupant thereof,
if different from the registered owner, a copy of the notice shall
also be provided to the owner or operator of the mobilehome park, and
to the responsible person, as defined in Section 18603.  Upon a
reinspection after the 90-day period of a violation described in
paragraph (3) of this subdivision, if a second notice to correct a
mobilehome park violation pursuant to paragraph (1) of subdivision
(a) is issued to the owner or operator of the mobilehome park and to
the responsible person, as defined in Section 18603, the enforcement
agency shall post a copy of the violation in a conspicuous place in
the mobilehome park common area, and the posted notice shall only be
removed by the enforcement agency when the violation is corrected.
   (6) All violations described in paragraph (2) of subdivision (a)
and paragraph (2) of subdivision (b) shall be corrected within a
reasonable time as determined by the enforcement agency.  Notices of
those violations shall state the time determined by the enforcement
agency within which corrections must be made.
   (d) Notwithstanding any other provision of law, the enforcement
agency may, at its sole discretion, determine not to issue a notice
of violation pursuant to this chapter if the condition which violates
this part or the regulations adopted pursuant thereto does not
constitute an imminent hazard representing an immediate risk to life,
health, and safety and requiring immediate correction.  If the
enforcement agency determines, pursuant to this subdivision, not to
issue a notice of violation, the enforcement agency shall include in
its inspection report a description of the condition which violates
this part and its determination not to issue a notice of violation.

  SEC. 7.  Section 18424 of the Health and Safety Code is amended to
read:
   18424.  This chapter shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2007, deletes or extends
that date.
  SEC. 8.  Section 18502 of the Health and Safety Code, as amended by
Section 3 of Chapter 773 of the Statutes of 1998, is amended to
read:
   18502.  Fees as applicable shall be submitted for permits:
   (a) Fees for a permit to conduct any construction subject to this
part as determined by the schedule of fees adopted by the department.

   (b) Plan checking fees equal to one-half of the construction,
plumbing, mechanical, and electrical permit fees, except that the
minimum fee shall be ten dollars ($10).
   (c) (1) Except for a temporary recreational vehicle park, an
annual operating permit fee of twenty-five dollars ($25) and an
additional two dollars ($2) per lot or two dollars ($2) per camping
party for the maximum number of camping parties to be accommodated at
any one time in an incidental camping area.
   (2) Except for a special occupancy park, an additional annual fee
of four dollars ($4) per lot shall be paid to the department or the
local enforcement agency, as appropriate, at the time of payment of
the annual operating fee.  All revenues derived from this fee shall
be used exclusively for the inspection of mobilehome parks and
mobilehomes to determine compliance with the Mobilehome Parks Act
(Part 2.1 (commencing with Section 18200)) and any regulations
adopted pursuant to the act.
   (3) The Legislature hereby finds and declares that the health and
safety of mobilehome park occupants is a matter of public interest
and concern and that the fee paid pursuant to paragraph (2) shall be
used exclusively for the inspection of mobilehome parks and
mobilehomes to ensure that the living conditions of mobilehome park
occupants meet the health and safety standards of this part and the
regulations adopted pursuant thereto.  Therefore, notwithstanding any
other provisions of law or local ordinance, rule, regulation, or
initiative measure to the contrary, the holder of the permit to
operate the mobilehome park shall be entitled to directly charge
one-half of the per lot additional annual fee specified herein to
each homeowner, as defined in Section 798.9 of the Civil Code.  In
that event, the holder of the permit to operate the mobilehome park
shall be entitled to directly charge each homeowner for one-half of
the per lot additional annual fee at the next billing for the rent
and other charges immediately following the payment of the additional
fee to the department or local enforcement agency.
   (d) Temporary recreational vehicle park operating permit fee of
twenty-five dollars ($25), with no additional fee for the lots.
   (e) Change in name fee or transfer of ownership or possession fee
of ten dollars ($10).
   (f) Duplicate permit fee or amended permit fee of ten dollars
($10).
   (g) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2007, deletes or extends
that date.
  SEC. 9.  Section 18502 of the Health and Safety Code, as amended by
Section 4 of Chapter 773 of the Statutes of 1998, is amended to
read:
   18502.  Fees as applicable shall be submitted for permits:
   (a) Fees for a permit to conduct any construction subject to this
part as determined by the schedule of fees adopted by the department.

   (b) Plan checking fees equal to one-half of the construction,
plumbing, mechanical, and electrical permit fees, except that the
minimum fee shall be ten dollars ($10).
   (c) Except for a temporary recreational vehicle park, an annual
operating permit fee of twenty-five dollars ($25) and an additional
two dollars ($2) per lot or two dollars ($2) per camping party for
the maximum number of camping parties to be accommodated at any one
time in an incidental camping area.
   (d) Temporary recreational vehicle park operating permit fee of
twenty-five dollars ($25), with no additional fee for the lots.
   (e) Change in name fee or transfer of ownership or possession fee
of ten dollars ($10).
   (f) Duplicate permit fee or amended permit fee of ten dollars
($10).
   (g) This section shall become operative on January 1, 2007.
  SEC. 10.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 11.  Sections 2, 3, and 5 to 8, inclusive, of this act shall
become operative on January 1, 2000.
  SEC. 12.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   To ensure that the Department of Housing and Community Development
can categorize violations of the Mobilehome Parks Act for purposes
of implementing the mobilehome inspection program on or after January
1, 2000, and to ensure the health and safety of mobilehome park
occupants, it is necessary that this act take effect immediately.

